Court No. - 39
Case :- WRIT - C No. - 3121 of 2019 Petitioner :- Mahesh Chand Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Anupama Tripathi,Rakesh Kumar Tripathi Counsel for Respondent :- A.S.G.I.,Abhishek Mishra
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ugrasen Pandey, Advocate holding brief of Sri R.K. Tripathi, learned counsel for the petitioner and Sri Harsh Dwivedi, Advocate holding brief of Sri Abhishek Mishra, learned counsel for the respondent no.3.
Notice on behalf of the Union of India has been accepted by the A.S.G.I.
Learned counsel for the petitioner prays for and is permitted to correct the title of the Respondent no.2 today itself.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 27.11.2018 whereby a sum of Rs. 24,37,021/-/- is sought to be recovered from the petitioner. The petitioner is stated to have taken a loan of Rs. 17,35.050/- from the Respondent Bank on 20.2.2013 and mortgaged his land as a secured asset, but because of loss in business he has not been able to pay off the loan. He prays that he may be granted instalments to pay off the loan amount.
We, therefore, dispose of this writ petition with a direction that if the petitioner appears before the Respondent no. 3-Branch Manager, Syndicate Bank, Jhadina Post-Khas, Police Station- Garhmukteshwar, District Hapur on 06.02.2019 at 11.00 AM along with his representation and a certified copy of this order, the Respondent no.2 shall after granting the petitioner an opportunity of hearing decide the said representation, in accordance with law, within a further period of one month. It will be open for the Respondent no.3 to grant the petitioner further instalments as may be permissible in law.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Subject to the petitioner complying with the direction given hereinabove, the recovery in pursuance of the impugned citation notice dated 27.11.2018 shall remain in abeyance and shall be subject to any final order which may be passed by the respondent no.3.
Order Date :- 29.1.2019/Kirti